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Presuming Restraint
From: Sovereignty, Restraint, and Guidance
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Chapter 5 looks at a number of substantive criminal law doctrines in which one can see the gravitational pull of the presumption of restraint. In particular, it considers the courts’ hesitation to proceed on the basis that Parliament intended to impose positive legal duties on broad classes of individuals; the law of attempts; and the threshold for legal causation in the law of homicide.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
